- The President may make regulations for the peace, progress, and good government of the Union territory of—
- (a) the Andaman and Nicobar Islands;
- (b) Lakshadweep;
- (c) Dadra and Nagar Haveli and Daman and Diu;
- (d) Puducherry; and
- (e) such other Union territory as may be specified by law made by Parliament:
- Any regulation so made may repeal or amend any Act made by Parliament or any existing law which is for the time being applicable to the Union territory.
- Regulation under this article may have effect subject to any conditions or restrictions which Parliament may impose.
Key Points : Article 240
Explanation:
- Presidential Regulations: Article 240 grants the President the power to make regulations for the peace, progress, and good government of specific Union territories. This provision allows for direct central intervention in the governance of these territories, ensuring that they can be managed efficiently and in accordance with national interests.
- Union Territories Covered: The article specifically mentions the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Puducherry. It also allows for the inclusion of other Union territories as specified by Parliament.
- Overriding Legislative Powers: Regulations made by the President under this article can repeal or amend laws made by Parliament or any existing laws applicable to the Union territory. This gives the President significant legislative authority in these territories.
- Parliamentary Oversight: While the President has the power to make regulations, these regulations can be subject to conditions or restrictions imposed by Parliament, ensuring a balance between executive authority and legislative oversight.
Key Points:
- Central Authority: Article 240 underscores the central government’s authority over the administration of specific Union territories, allowing for direct and swift legislative action to address local issues.
- Flexible Governance: The ability to repeal or amend existing laws provides the flexibility needed to tailor governance and legal frameworks to the unique needs of each Union territory.
- Parliamentary Safeguards: The provision for parliamentary oversight ensures that the President’s regulatory powers are exercised within a framework of accountability and legislative review.
Important Cases and Commissions Related to Article 240:
Cases:
- No specific landmark cases directly interpreting Article 240, as this article deals primarily with the administrative powers of the President.
Commissions:
- Law Commission of India: Might have reviewed the regulatory framework and governance of Union territories, providing recommendations to enhance their administration.
Important Reports Related to Article 240:
- Administrative Reforms Commission: Could have explored the effectiveness of presidential regulations in managing Union territories and suggested measures to improve governance and accountability.